High Time for Canada to bring into force law requiring notification of data breaches

In July 2015, the Government of Canada amended the Personal Information Protection and Electronic Documents Act to require companies to disclose data breaches to the Privacy Commissioner of Canada and to affected individuals. The amendments would require companies to disclose breaches “if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to an individual.”

Read More...

The Endean decision of the Supreme Court of Canada promises greater coordination of national class action settlements

In a recent decision, Endean v. British Columbia, 2016 SCC 42 (“Endean”), the Supreme Court of Canada concluded that class action judges in a national class action can sit outside their home province to hear and approve class action settlements with judges from other provinces. Prior to the decision, the issue was in doubt, raising constitutional questions and issues about territorial jurisdiction.

Read More...

US Supreme Court allows use of sampling on certification: What does this mean to Canada?

Last week, the US Supreme Court ruled that workers could use statistical sampling, averages and other statistical analyses to support class action certification. Given that some of these methods are not currently permitted on certification in Ontario and Canada, those practicing in class actions should consider the possible relevance of the US Supreme Court’s decision to their practices.

Read More...